Beyond Bending Tell You How
When it comes to housing, the term “reasonable accommodation” refers to a modification or adjustment that a landlord or property owner makes to ensure that a tenant or potential tenant with a disability is able to fully and equally enjoy their housing. This is required under the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, disability, and familial status.
But what exactly does a reasonable accommodation for housing look like? In this blog post, we’ll explore some examples of reasonable accommodations that landlords and property owners may need to make to ensure that tenants with disabilities have equal access to housing.
What Qualifies as a Disability?
Before we dive into examples of reasonable accommodations, it’s important to understand what qualifies as a disability under the Fair Housing Act. According to the U.S. Department of Housing and Urban Development (HUD), a disability is defined as:
| Definition | Examples |
|---|---|
| A physical or mental impairment that substantially limits one or more major life activities | Blindness, deafness, mobility impairments, intellectual disabilities, mental illness, HIV/AIDS |
| A record of such an impairment | Someone who has recovered from cancer |
| Being regarded as having such an impairment | Someone who is mistakenly believed to have a disability |
If a tenant has a disability as defined by the FHA, the landlord or property owner is required to make reasonable accommodations to ensure that the tenant has equal access to housing.
Examples of Reasonable Accommodations for Housing
Accessible Parking
One common reasonable accommodation for housing is accessible parking. For tenants who use wheelchairs or have mobility impairments, having a designated accessible parking spot near their unit can be essential. This may involve re-striping an existing parking lot or creating a new parking spot that meets accessibility standards.
According to the ADA, accessible parking spots must be at least 96 inches wide and have an adjacent access aisle that is at least 60 inches wide. The access aisle should be marked with diagonal stripes to prevent other vehicles from parking there.
Ramp or Lift
If a tenant uses a wheelchair or has difficulty with stairs, a reasonable accommodation may be the installation of a ramp or lift. This may involve adding a permanent ramp to the building’s entrance or installing a lift that allows the tenant to access their unit.
Under the ADA, ramps must have a slope of no more than 1:12 and be at least 36 inches wide. Lifts must meet certain safety standards and be capable of lifting a wheelchair and occupant.
Lowered Countertops and Cabinets
For tenants who use wheelchairs or have difficulty reaching high surfaces, lowered countertops and cabinets can be a necessary reasonable accommodation. This may involve lowering the height of kitchen counters or installing cabinets that are within reach of someone who is seated.
According to the ADA, lowered countertops should be no more than 34 inches high, while upper cabinets should be no higher than 54 inches from the floor.
Service Animal Accommodations
For tenants who have a service animal, a reasonable accommodation may be allowing the animal to live in the unit with them, even if the building has a “no pets” policy. The landlord may not charge extra fees or deposits for the service animal.
It’s important to note that emotional support animals, while beneficial for many people with mental health conditions, do not qualify as service animals under the ADA. However, they may still be allowed as a reasonable accommodation under the FHA.
Sign Language Interpreters
For tenants who are deaf or hard of hearing, a reasonable accommodation may be providing a sign language interpreter for important meetings or conversations with the landlord or property manager. This may include lease signings, maintenance requests, or other interactions that are essential for the tenant to fully participate in their housing.
According to the ADA, interpreters should be qualified and able to accurately interpret the necessary information. Landlords may not charge the tenant for the cost of the interpreter.
Conclusion
These are just a few examples of reasonable accommodations that landlords and property owners may need to make to ensure that tenants with disabilities have equal access to housing. It’s important to note that each situation is unique, and landlords should work with tenants to determine what accommodations are necessary and feasible.
By making reasonable accommodations, landlords and property owners not only fulfill their legal obligations under the Fair Housing Act, but also provide a more inclusive and accessible housing environment for all tenants.
People Also Ask
What is a Reasonable Accommodation Under the Fair Housing Act?
A reasonable accommodation under the Fair Housing Act is a modification or adjustment to a housing unit or policy that enables a tenant with a disability to fully and equally enjoy their housing. Examples may include accessible parking, ramps or lifts, lowered countertops and cabinets, service animal accommodations, and sign language interpreters.
What Qualifies as a Disability Under the Fair Housing Act?
According to the U.S. Department of Housing and Urban Development (HUD), a disability under the Fair Housing Act is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
Can a Landlord Refuse to Make Reasonable Accommodations?
No, landlords and property owners are required by law to make reasonable accommodations for tenants with disabilities under the Fair Housing Act. Failure to do so may result in legal action and penalties.
